An unemployed 28-year-old man’s plea for anticipatory bail has been denied by a Mumbai Sessions court. The man stands accused of divorcing his wife by uttering “talaq” thrice.
The case was initiated by the man’s wife on June 5, 2023, when she filed a complaint with the Mumbai Police. According to her account, the woman had wed the accused in accordance with Muslim customs and subsequently moved into his residence. Her parents had provided her with ornaments, utensils, and cash, which she took to her marital home.
Tensions escalated when the husband’s family allegedly demanded more money for a motorcycle and additional ornaments. This soon turned into physical abuse directed at her.
The wife also claimed her husband was involved in an extramarital affair, which she vociferously opposed. She further alleged that he had brought the other woman to their home, and when she voiced her objections, her mother-in-law and sister-in-law assaulted her.
The woman contended that her husband even threatened her life if she revealed the incident to anyone.
Despite this, she reported the matter to the local police station in Mumbai’s eastern suburb.
Her complaint detailed an incident on April 26, where she, accompanied by her mother and sister, tried to enter her husband’s home, only to be denied entry by her in-laws. Her husband then divorced her by pronouncing “talaq” three times.
Subsequently, she approached the Sahar police station and lodged an FIR under various sections of the Indian Penal Code, including 498A (cruelty by husband or relatives), 504 (intentional insult), and pertinent clauses of the Muslim Women (Protection of Rights on Marriage) Act.
The man, along with his mother and sisters, sought anticipatory bail from the court.
While the court granted partial relief to the mother-in-law and sisters-in-law due to the general nature of the allegations against them, the husband’s plea was firmly denied.
Additional Sessions Judge MH Pathan commented, “Specific allegations have been made against the husband….he has divorced his wife by uttering ‘talaq, talaq, talaq,’ although this is against the law. He brought another woman into the house and subjected her to harassment. Hence, he is not eligible for bail.
